A hearing on a motion to dismiss a civil lawsuit against Emporia State stemming from an alleged sexual assault last year will be held on Wednesday, Oct. 19 in district court.
The lawsuit was filed by an unnamed male student, “John Doe,” a member of Kappa Sigma fraternity who was accused of sexual assault last November. Charges were dismissed five days after the student’s arrest. Before the charges were dismissed, the university temporarily suspended him from classes without a hearing, the suit alleged, and required that he be put on disciplinary probation until he completed six to eight counseling sessions.
According to the suit, John Doe was accused of sexually assaulting two female students in the Kappa Sigma fraternity house. University administration found that the two female students had consumed enough alcohol to render them unable to consent to sexual acts, the suit said.
Jackie Vietti, interim ESU president, issued a statement saying “Emporia State University takes these allegations seriously and has clear processes for Title IX internal investigations, which follow the federal Campus Sexual Violence Elimination (SaVE) Act. Beyond sound investigative steps, Emporia State’s additional procedures encompass educating faculty, staff and students on the prevention of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking.”
The suit argues that ESU violated Title IX, which states, according to the United States Department of Justice, that no person shall be discriminated against on the basis of gender in educational programs or activities that receive federal funding. The suit also states that ESU failed to offer him a hearing, therefore violating the University Policy Manual and breaching the implied contract between university and student concerning each party’s conduct toward the other.
The student is also suing all university administration involved, which includes Lynn Hobson, dean of students; Judy Anderson, executive director and Title IX coordinator; and Dr. James Williams, vice president of student affairs. These individuals were involved in the decision to temporarily suspend the student. None of these administrators would comment, citing pending litigation. Kevin Johnson, ESU’s general counsel, and Anne Smith, the assistant attorney general representing the university, also declined comment.
In his petition, the student asks for $100,000 or more in damages, and to be reinstated as a full-time student.
“I believe the petition we filed has a firm foundation,” said Terence Leibold, John Doe’s attorney, in an email.
ESU filed a request to dismiss this petition, where they argue that there is no evidence of gender bias in the case and therefore no claim can be made under Title IX. Additionally, the university says that this contract they were accused of breaching is implied rather than expressed, so the student improperly filed his claim.
“We are hoping, of course, that neither of those counts are dismissed, and we don’t believe they should be,” Leibold said.
